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Native American
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November 15, 2023
States Join Miners In Asking 9th Circ. To Lift Coal Lease Ban
The states of Montana and Wyoming have joined with the National Mining Association to urge the Ninth Circuit to reverse a federal judge's order vacating the U.S. Department of the Interior's Trump-era decision to lift an Obama administration coal leasing moratorium.
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November 15, 2023
Tribe Fights DOI's Bid To Redo Ruling In Burial Ground Suit
The Muscogee (Creek) Nation is fighting the U.S. Department of the Interior's motion for an alternate ruling that would dismiss litigation against any federal defendants in a dispute over a 17th-century burial ground allegedly razed to make way for a multimillion dollar hotel and casino but allow the case against a fellow Alabama tribe to proceed.
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November 15, 2023
Former Cherokee Nation AG Pledges Impartiality
Sara Hill, nominee to be a district judge in the Northern District of Oklahoma, testified on Wednesday that her experience with the Cherokee Nation, including serving as its attorney general, would help her if she's confirmed for the federal bench, but she acknowledged that the role of a judge is very different from that of an advocate.
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November 14, 2023
Tribe Seeks Order Compelling Feds To Meet With Leaders
A Cayuga Nation lawsuit claims the U.S. Attorney's Office for the Western District of New York and the U.S. Department of Justice are refusing to meet with its recognized leaders in violation of multiple federal statutes, seemingly over concerns about a leadership dispute that it maintains was resolved years ago.
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November 14, 2023
States, Industry Renew WOTUS Suits After Rule Update
A litany of states and industry groups have renewed efforts to topple the Biden administration's recently revised rule defining the scope of Clean Water Act jurisdiction, alleging that the changed definition of "waters of the United States" neglects to address a range of other flaws.
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November 14, 2023
6th Circ. Won't DQ Special Master Over 'Reply-All' Email
The Sixth Circuit on Tuesday refused to compel the disqualification of a special master appointed to manage cases against pharmacy benefits managers in the national opioid multidistrict litigation over an email he inadvertently sent to all parties, saying nothing in the email shows bias.
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November 14, 2023
Tribe, Contractor Tell 9th Circ. They've Settled 15-Year Dispute
A California tribe and a casino construction contractor are asking the Ninth Circuit to dismiss an appeal seeking sanctions and a reversal of a lower court's ruling, ending a 15-year dispute over alleged unpaid wages.
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November 13, 2023
Feds Aim To Sink Irrigation District's High Court Water Suit
The U.S. Bureau of Reclamation urged the U.S. Supreme Court to reject an Oregon irrigation district's effort to move its lawsuit challenging a water use plan from federal court to state court.
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November 13, 2023
Tribes' Claims Seeking To Block Lithium Mine Axed, For Now
A Nevada federal judge dismissed claims from three Native American tribes seeking to block construction of the country's largest open pit lithium mine but will allow them to amend their complaint against the U.S. government, saying allegations of violations against historic preservation law and land policy are not adequately reflected in their arguments.
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November 13, 2023
Attys Seek $2.1M Award In Pebble Mine Buildout Suit
Lawyers for Northern Dynasty Minerals Ltd. shareholders have asked a New York federal court to sign off on a more than $2.1 million class counsel compensation request, saying the nearly $6.4 million settlement they secured is an "excellent" result for clients, given that the company is "strapped for cash."
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November 13, 2023
Corps' Fish Farm Permit Dead In Water, Groups Tell Judge
The U.S. Army Corps of Engineers issued a nationwide permit opening federal ocean waters up to industrial finfish aquaculture operations without congressional authorization or adequate environmental reviews, a coalition of nonprofits and the Quinault Indian Nation said in a bid to have the permit struck down.
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November 09, 2023
Green Groups Lose Bid To Stop ConocoPhillips' Willow Project
Conservation groups can't block ConocoPhillips from moving forward with its planned Willow drilling project in Arctic Alaska, an Anchorage federal judge ruled Thursday, rejecting the groups' arguments that federal approval of the project failed to fully consider the enormous environmental consequences.
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November 09, 2023
Feds, Backers Fight Alaska's High Court Effort To Revive Mine
The federal government, backed by a coalition of tribes and Trout Unlimited, is urging the U.S. Supreme Court to deny Alaska's request to lodge an original action challenging a Clean Water Act veto by the U.S. Environmental Protection Agency that effectively killed the controversial Pebble Mine project.
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November 09, 2023
White House Finalizes Agency Cost-Benefit Analysis Guidance
The White House has released final guidance on regulatory cost-benefit analysis, saying Thursday the guidance is aimed at helping federal agencies estimate the impact of their regulations more accurately and thus craft better regulations that result in lower consumer costs; cleaner food, air and water; less fraud and exploitation, and increased workplace safety.
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November 09, 2023
Ariz. GOP Must Turn Over Documents In VRA Suit, Judge Says
The Republican Party of Arizona must produce certain communications in connection with an ongoing Voting Rights Act dispute, a federal judge said, determining that within 61,298 withheld documents the political party failed to show how some are protected under the First Amendment or attorney-client privilege.
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November 09, 2023
Calif. Tribe Members Say Elections Would Violate Sovereignty
Lawyers for a group of California Valley Miwok Tribe members said the mere inclusion of possible nonmembers in the tribe's constitutional elections process would cause irreparable harm, telling a Washington, D.C., federal judge on Thursday that allowing the process to proceed as planned would erode the tribe's faith in the democratic process.
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November 09, 2023
Fishing Groups Sue Tire Cos. Over Salmon-Harming Chemical
A conservation group and a fishing trade group have hit North America's largest tire-makers with a lawsuit claiming a rubber preservative that has been used for half a century is polluting West Coast waterways, creating devastating consequences for threatened and endangered salmon populations.
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November 09, 2023
Off The Bench: Fla. Gambling, NIL Class Cert., MLB Settlement
In this week's Off The Bench, Florida sports betting returns amid a pair of heated disputes, athletes challenging the NCAA's name, image and likeness restrictions score a huge class certification, and Major League Baseball abruptly settles a closely watched antitrust fight.
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November 09, 2023
Judge Pauses Enforcement Of Idaho's Abortion Travel Ban
A federal judge temporarily blocked Idaho from enforcing a new law that criminalizes adults who help minors traveling out of state or obtaining drugs to get an abortion, unless agreed to by the child's parent.
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November 08, 2023
Sioux Tribe Can Move Ahead With Dilapidated Building Suit
A Court of Federal Claims judge has allowed the Cheyenne River Sioux Tribe's suit over an abandoned U.S. government building to move forward, finding that while the tribe doesn't have a breach of contract claim, it does have a breach of trust claim.
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November 08, 2023
ERISA Suit Against Colo. Tribe Over Bonus Program Tossed
A Colorado federal judge on Wednesday dismissed a woman's federal benefits lawsuit against an oil and gas company owned by the Southern Ute Indian Tribe, finding the company's benefits program is akin to a bonus plan and doesn't fall within the court's jurisdiction.
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November 08, 2023
Judge Severs Feds' Counterclaim In Pipeline Trespassing Row
A North Dakota federal judge said he's hitting pause on a trespassing counterclaim the U.S. Department of the Interior lodged against a Marathon Petroleum Corp. unit in response to its lawsuit challenging the department's decision to vacate a string of orders related to its pipeline right of way on the Fort Berthold Indian Reservation.
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November 08, 2023
Pharmacies Fight Tribe's Bid To Lift Stay In Payback Dispute
CVS Caremark LLC and United Healthcare Group Inc. are asking an Oklahoma federal district court judge to keep a 14-month stay in place in a dispute with the Chickasaw Nation over prescription reimbursement claims, saying the tribe identifies no new facts or legal authorities to support lifting the pause.
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November 08, 2023
Fla. Casinos Push To Stop Tribe's Online Sports Betting
Two Florida casino operators have urged the state's highest court to immediately stop the Seminole Tribe from relaunching its online sports betting app after a favorable U.S. Supreme Court decision, arguing that the tribe still doesn't have the right to offer off-reservation mobile betting.
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November 07, 2023
Enviro Orgs. Target Corps' 'Blanket' Permit For CO2 Pipelines
The Center for Biological Diversity and several hundred other conservation and community groups are petitioning the U.S. Army Corps of Engineers to remove carbon dioxide pipelines from a nationwide permit it created in 2021 to streamline approvals for some pipeline activities.
Expert Analysis
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Apple's New Messaging Features Will Complicate E-Discovery
Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.
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Law Firm Inclusion Efforts Often Overlook Business Staff
Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.
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EPA Guidance Signals Greater Enviro Justice Focus In Permits
A list of frequently asked questions recently released by the U.S. Environmental Protection Agency emphasizes environmental justice and civil rights considerations in permitting for a wide range of commercial activities across many industries, and is likely to reverberate loudly in environmental permitting for years to come, say attorneys at King & Spalding.
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An Associate's Guide To Rebounding After A Layoff
Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.
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AML Regulation Of Lawyers Is Imminent And Controversial
The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.
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Key Adaptations For Law Firms Amid Quiet Quitting Movement
While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.
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Creating A Hybrid Work Policy? Be Intentional And Inclusive
The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.
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A Law Firm's Guide To Humane Layoffs As Recession Looms
Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.
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Learning From Trump And Bannon Discovery Strategies
Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.
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The Risks In Lateral Hiring, And How To Avoid Them
As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.
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How Inflation Reduction Act Will Lift Offshore Wind Projects
The Inflation Reduction Act should promote the development of offshore wind energy in multiple ways — including by improving the planning and permitting process for transmission infrastructure, expanding potential lease areas and making beneficial changes to the tax credits available for renewable energy developers, say attorneys at Day Pitney.
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Judges Who Use Social Media Must Know Their Ethical Limits
While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.
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Rebuttal
ABA Is Defending Profession's Values From Monied Influences
A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.
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CORRECTED: New Tax Credits For Renewables Should Offer Investors Relief
The Inflation Reduction Act's changes to tax credits for renewable energy projects should finally liberate tax equity investors from the restraints of the complex and onerous federal anti-abuse regime, says Kay Hobart at Parker Poe. Correction: Because of an editing error, a previous version of this article incorrectly characterized tax enforcement regimes in North Carolina and other states. This error has been corrected.
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How In-House Counsel Can Better Manage Litigation Exposure
In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.